Following the MPRB since 2004

Park Watch Comment on Liquor at Lake Harriet

A PARK WATCH COMMENT

We believe that many individuals who are looking forward to the enjoyment of beer and wine at the Lake Harriet concession stand are thinking that they will be able to enjoy their glass of wine or beer with an appetizer or snack of some sort. However, what we have learned is that, according to the ordinance governing the serving of beer and wine at Lake Harriet, “premises exempted from the seven (7) or more acre standard shall neither sell, serve or permit to be consumed any wine, or intoxicating malt beverage, unless the patron orders a meal, nor have a bar or bar area.”

That means that wine and beer can only be enjoyed at Lake Harriet if accompanied by a meal–and not with only snacks or appetizers. It is the law. See below.

Arlene Fried

Co-founder of Park Watch

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Section 5. – City Council—Power to Make Ordinances.

The City Council shall have full power and authority to make, ordain, publish, enforce, alter, amend or repeal all such ordinances for the government and good order of the City, for the suppression of vice and intemperance, and for the prevention of crime, as it shall deem expedient, and in and by the same to declare and impose penalties and punishments, and enforce the same against any person or persons who may violate the provisions of any ordinance, passed and ordained by it, and all such ordinances are hereby declared to be and to have the force of law. Provided, that they be not repugnant to the laws of the United States or of this State, and for these purposes the said City Council shall have authority by such ordinances:

First.—To license and regulate exhibitions and shows of all kinds, including exhibitions of caravans, menageries, circuses, concerts, roller skating rinks, places of amusements and museums for which money is charged for entrance into the same, newspaper carriers and bootblacks, and theatrical performances, also to license and regulate all auctioneers, pawnbrokers, dealers in secondhand goods, junk dealers, keepers of employment offices and agencies, as well as all persons doing the business of seeking employment for others or procuring or furnishing employees for others, pool and billiard tables, bowling alleys, shooting galleries, taverns, restaurants, cafes and cafeterias, and all persons vending, dealing in or disposing of spirituous, vinous, fermented or malt liquors. Provided that no license shall be issued for any longer time than one year, and the City Council shall by ordinance determine the date of expiration of all licenses.

And provided further, that the power to regulate above given, shall be construed to include among other powers, the power to define who shall be considered as auctioneers, pawnbrokers, dealers in secondhand goods and junk dealers, and to compel each and every such person whether licensed or not to keep in such manner as it may direct open at all times for inspection, a record of all such property as it may designate, with the time when received, and the name, residence and description of the person from whom the same was received, and to make daily reports thereof to the police department of said city, as it shall direct. And also, among other powers, the power to require all persons doing the business of seeking employment for others, or procuring or furnishing employees for others, to keep open at all times for inspection, such records of their business as it [the council] may designate, and to furnish to every person with whom they may deal such written evidences of the transaction as it may designate, and to prescribe and punish all kinds of unfair dealings by such persons in the course of their said business, and to establish such rules of legal evidence as it may see fit for the proof of such unfair dealings.

Provided further that (except as to regularly licensed druggists, to sell for medicinal, chemical or mechanical purposes, not to be used or drunk upon the premises), no license shall be granted to any person or persons to vend, deal in, or dispose of any intoxicating spirituous, vinous, fermented or malt liquors except at a location within an area or district zoned by ordinance to permit the sale of liquor therein, and further subject to the following:

(a) If such liquor is not to be used or consumed on the premises, then only if said area or district, together with such other areas or districts contiguous thereto wherein such sale would be permitted by ordinance and by law, contains five (5) or more acres.

(b) If such liquor is to be consumed on the premises, then only if said area or district, together with such other areas or districts contiguous thereto wherein such consumption would be permitted by ordinance and by law, contains seven (7) or more acres, and then only if a substantial portion of the income to be derived from business conducted at such location is derived from the sale of food to be consumed on the premises and adequate facilities are provided therefor. The City Council shall, by ordinance, establish suitable and appropriate standards to determine whether a substantial amount of income is derived from the sale of food and to define adequate facilities for the consumption thereof on the premises.

(c) A license as described in (a) or in (b) above may be issued notwithstanding the requirement of area or sale of food for a location within the territory where issuance of such a license was permitted by law or by the provisions of this Charter on November 1, 1974, or for a location which at the time of issuance is being used for, or the latest use of which was for the sale of liquor under a similar type license.

Nothing herein shall authorize the City Council to issue liquor licenses in residence or office residence districts.

Nothing herein shall limit the authority of the City Council to impose by ordinance further restrictions or limitations on the granting of any liquor license.

No license as provided herein shall be issued except in such areas of the City as are zoned for commercial or industrial uses. Except as herein provided, all such on-sale and off-sale liquor establishments shall continue to be subject to the pertinent statutes of the State of Minnesota and the City ordinances of the City of Minneapolis. Except nothing in this Charter shall prohibit the issuance of an on-sale wine license as defined by the pertinent statutes of the State of Minnesota and the City Ordinances of the City of Minneapolis to a restaurant which gross receipts are at least seventy (70) percent attributable to the sale of food and otherwise meets the requirements of state law and city ordinance for said license. Such license may also include the on-sale of intoxicating malt beverages. The City Council shall, by ordinance, establish suitable and appropriate standards to assure that a premises exempted from the seven (7) or more acre standard shall neither sell, serve or permit to be consumed any wine, or intoxicating malt beverage, unless the patron orders a meal, nor have a bar or bar area. [emphasis added]